If you are facing drug possession charges in Iowa, understanding the best defenses available to you is imperative in protecting your rights and future. To better your chances of winning your case, read on and work with an experienced Dallas County drug lawyer today.

What Does Iowa Consider Drug Possession?

Under Iowa law, drug possession means knowingly or intentionally having a controlled substance without a valid prescription or some other authority. This can include illegal substances found on your person, in your car, in your home, etc.

Iowa Code § 124.401(5) states, “It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter.”

The penalties for drug possession can be severe in Iowa, though they will vary depending on the type of substance and the amount found in your possession.

What Are the Best Defenses Against Drug Possession Charges in IA?

Securing legal help early on in your case is crucial in protecting your rights. Your attorney can help you navigate the legal process and evaluate your case to determine which defensive options will work best for you. Below are some of the most effective defenses against drug possession charges.

  • Violation of Fourth Amendment: Both U.S. and Iowa state laws protect against unreasonable searches and seizures. If the officer did not have a valid search warrant, probable cause, or your consent, they cannot search or seize your property. Any evidence found in this case may be suppressed and deemed inadmissible.
  • Lack of possession: To be convicted, you must have knowingly had control of the drugs. You may be able to argue that you were not aware of the presence of the illegal substance or that you did not have the ability to exercise control over it, especially if it was found in a shared space.
  • You weren’t read your rights: In order for you to be interrogated, you must be read your Miranda rights. If the arresting officer failed to inform you of your rights, any statements you made could be thrown out, which can significantly weaken the prosecution’s case.
  • Entrapment: Entrapment occurs when law enforcement persuades or pressures you into committing a crime you wouldn’t have otherwise committed. If an undercover officer acted improperly, entrapment could work as a valid defense.
  • Wrongly identified substance: It is possible that the substance found by the police was mistakenly identified as an illegal drug. Field tests are not always reliable, and state law requires that seized substances be tested by a state lab. If the lab test shows the substance was not illegal or there was an issue with the equipment used, the evidence can be challenged.

Drug possession charges can be devastating, so work with a skilled attorney at Iowa Defenders, PLLC for skilled representation during your case.